APHC010363692026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE 23rd DAY OF JULY 2026 PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 19413 OF 2026 Between: 1. Shaik Alla Bi, W/o. Shaik Mastan, aged 49 years, residing at D. No. 8- 12- 26/1, 9thLane, Nehru Nagar, Guntur, Guntur District, Andhra Pradesh-522001. 2. SK. Mastan,, S/o. Saidulu, aged 46 years, residing at D. No. 8-12-26/1, 9th Lane, Nehru Nagar, Guntur, Guntur District, Andhra Pradesh- 522001. ...Petitioners AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, (Cooperative Department), Secretariat Buildings at Velagapudi, Guntur District, Andhra Pradesh-522237. 2. The Deputy Registrar of CoOperative Societies, O/o. Divisional Co- Operative Office, Guntur, Guntur District, Andhra Pradesh-522006 . 3. The Arbitrator/Asst Registrar, The Gunturu Women Co-Operative Urban Bank Ltd., Venloc Market, 1st Floor, Near Vegetable Market, Guntur, Guntur District, Andhra Pradesh-522002. 4. The Secretary, The Gunturu Women Co-Operative Urban Bank Ltd., Venloc Market, 1st Floor, Near Vegetable Market, Guntur, Guntur District, Andhra Pradesh-522002. ...Respondents 2 Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondents more particularly the 2nd and the 3rd respondents in issuing impugned sale notice dated 19.06.2026 in E.P. No. 3/2026-27 in Claim No. 26/2025-26 dated 07.02.2026 and proposing to conduct auction to the petitioner's scheduled property in Door No. 8-12-26 to an extent of 116.66 square yards property bearing assignment No. 1021064588 on 23.07.2026 as illegal, arbitrary without jurisdiction and also oppose to the verdict of this Honourable Court in M.Babu Rao and others vs. Deputy Registrar of Cooperative Society, 2005 4 ALD 582 (FB) and to set aside the same as well as all the consequential proceedings by declaring that the award in Claim No. 26/2025-26 dated 07.02.2026 and all recovery proceedings pursuant thereto as null and void for want of jurisdiction consequentially stay of all further proceedings pursuant to the impugned sale notice dated 19.06.2026 in E.P. No. 3/2026-27 in Claim No. 26/2025-26 dated 07.02.2026 and proposed auction of the petitioners scheduled property in Door No. 8-12-26 to an extent of 116.66 square yards property bearing assignment No. 1021064588 dated. 23.07.2026 and to pass IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to stay of all further proceedings pursuant to the impugned sale notice dated 19.06.2026 in E.P. No. 3/2026-27 in Claim No. 26/2025-26 dated 07.02.2026 and proposed auction of the petitioner's scheduled property in Door No. 8-12-26 to an extent of 116.66 square yards property bearing assignment No. 1021064588 dated: 23.07.2026 pending disposal of the above writ petition and to pass Counsel for the Petitioner(S): 3 1. V SAI KUMAR Counsel for the Respondent(S): 1. G V S MEHAR KUMAR 2. GP FOR COOPERATION The Court made the following Order: Heard Sri V. Sai Kumar, learned counsel for the petitioners, learned Assistant Government Pleader for Cooperation and Sri G.V.S. Mehar Kumar, learned Standing Counsel appearing for the respondent Nos.3 & 4. 2. The instant Writ Petition is filed challenging the impugned proceedings of sale notice dated 19-06-2026, proposing to conduct public auction of the subject property of an extent of 116.66 Sq.yds property bearing Door No.8-12- 26, assignment No.1021064588 dated 23-07-2026 for recovery of alleged arrears of Rs.10,71,738/-. 3. Learned counsel for the petitioners submits that the petitioners are willing to discharge the total outstanding dues, however sought indulgence of the Court to grant some installments. In pursuance thereof, the petitioners have filed an affidavit dated 22-07-2026 undertaking to pay the total outstanding amount in the following manner. Accordingly, it is stated by the petitioners that: “i) We undertake to pay 25% (Twenty Five Percent) of the total outstanding amount within a period of 2 (two) months from the date of the order passed by this Hon’ble Court in the present Writ Petition. 4 ii) We undertake to pay the remaining due amount in 6 (Six) equal monthly installments thereafter, each installment to be paid on or before the 10th day of every succeeding month.” 4. Having regard to the same, the Writ Petition is disposed of directing the respondents to defer the auction of the subject property scheduled on 23-07- 2026, subject to the condition of payment of the outstanding dues/arrears to the respondent-Bank, as has been undertaken by the petitioner vide their affidavit dated 22-07-2026, in the manner as stated and as agreed by the petitioner(s). If the petitioner fails to comply with the undertaking as mentioned in the affidavit referred supra, the respondent Bank is at liberty to proceed with the recovery of the amount in accordance with law. 5. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Dated: 23-07-2026 MSI 5 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 19413 OF 2026 Dated: 23-07-2026 MSI